Western Australian Consolidated Acts

RESIDENTIAL TENANCIES ACT 1987

TABLE OF PROVISIONS

           Long Title

   PART I -- Preliminary  

   1.      Short title  
   2.      Commencement  
   3.      Terms used in this Act  
   4.      Position of Crown  
   5.      Application of Act  
   6.      Modification of application of Act by regulation  
   7.      Transitional provisions  

   PART II -- Administration  

   7A.     Commissioner  
   8.      Functions of the Commissioner  
   9.      Commissioner may institute or defend proceedings for party  
   10.     Delegation by Commissioner  
   11.     Protection of officers  
   11A.    Information officially obtained to be confidential  
   11B.    Application of certain provisions of the Consumer Affairs Act 1971  

   PART III -- Determination of disputes  

   12.     Terms used in this Part  
   12A.    Jurisdiction over prescribed disputes  
   13.     Jurisdiction over other disputes  
   13A.    Magistrates Court’s jurisdiction  
   13B.    Appeals from decisions of a registrar  
   14.     Time for determination of proceedings  
   15.     Applications for relief and orders thereon  
   16.     Enforcement  
   17.     Application to vary or set aside order  
   18.     Form of applications and notice of hearing  
   19.     Witnesses and inspection of documents  
   20.     General powers in proceedings  
   21.     Evidence  
   22.     Presentation of cases  
   23.     Settlement by conciliation  
   24.     Costs  
   25.     Reservation of question of law  
   26.     Finality of proceedings  

   PART IV -- Rights and obligations of owner and tenant  

           Division 1 -- Rent and security bonds  

   27.     Restriction on consideration for tenancy agreement  
   28.     Rent in advance  
   29.     Security bonds  
   29A.    Power of Commissioner to obtain information relating to security bond accounts  
   30.     Variation of rent  
   31.     Increase in security bond  
   32.     Limitation of excessive rents in certain circumstances  
   33.     Duty to give receipt for rent  
   34.     Proper records of rent to be kept  
   35.     Payment of rent by post-dated cheques etc. prohibited  
   36.     Apportionment of rent  

           Division 2 -- General  

   37.     Term used in this Division  
   38.     Tenant’s responsibility for cleanliness and damage  
   39.     Tenant’s conduct on premises  
   40.     Vacant possession  
   41.     Legal impediments to occupation as residence  
   42.     Owner’s responsibility for cleanliness and repairs  
   43.     Compensation where tenant sees to repairs  
   44.     Quiet enjoyment  
   45.     Locks  
   46.     Owner’s right of entry  
   47.     Right of tenant to affix and remove fixtures etc.  
   48.     Owner to bear outgoings in respect of premises  
   49.     Right of tenant to assign or sub-let  
   50.     Vicarious responsibility of tenant for breach by other person lawfully on premises  
   51.     Tenant to be notified of owner’s name and address  
   52.     Failure to pay rent with intention it be recovered from security bond  
   53.     Tenant’s name, place of occupation and forwarding address  
   54.     Owner to deliver copy of agreement to tenant  
   55.     Cost of written agreement to be borne by owner  
   56.     Discrimination against tenants with children  
   57.     Accelerated rent and liquidated damages prohibited  
   58.     Duty of mitigation  

   PART V -- Termination of residential tenancy agreements  

   59.     Term used in this Part  
   60.     How residential tenancy agreements are terminated  
   61.     Form of notice of termination by owner  
   62.     Notice of termination by owner upon ground of breach of term of agreement  
   63.     Notice of termination by owner who has entered into contract of sale  
   64.     Notice of termination by owner without any ground  
   65.     Termination by owner where section 32 invoked  
   66.     Notice by owner not waived by acceptance of rent  
   67.     Form of notice of termination by tenant  
   68.     Notice of termination by tenant  
   69.     Notice of termination by owner or tenant where agreement frustrated  
   70.     Effect of notice of termination of periodic tenancy  
   71.     Application by owner for termination and order for possession  
   72.     Application for termination and order for possession in relation to fixed term agreements  
   73.     Termination of agreement where tenant causing serious damage or injury  
   74.     Termination of agreement where owner would otherwise suffer undue hardship  
   75.     Termination of agreement for breach by owner  
   76.     Compensation to owner for holding over  
   77.     Order that premises are abandoned  
   78.     Right of owner to compensation where tenant abandons premises  
   79.     Abandoned goods  
   80.     Recovery of possession of premises prohibited except by court order  
   81.     Protection of tenants in relation to persons having superior title  

   PART VI -- Miscellaneous  

   82.     Contracting out  
   83.     Recovery of amounts paid under mistake of law or fact  
   84.     Exemption of tenancy agreement or premises from provision of Act  
   85.     Service  
   87.     Time for bringing proceedings  
   88.     Regulations  
   90.     Review of the Act  
           SCHEDULE 1  
           Compilation table